Chief Registrar Tomasi Bainivalu has urged former Deputy Commissioner of FICAC, Francis Puleiwai, to refrain from emulating the actions of the Prime Minister, certain members of the Opposition, or media figures when considering filing a complaint against any legal practitioner. In a correspondence that has come to light, Bainivalu emphasized the importance of maintaining the independence of his office in handling public complaints regarding legal professionals.
Bainivalu expressed his disapproval of Puleiwai’s tendency to share her complaints with the media and political leaders, stating, “I ask that you do not make a mockery of the legal system by copying all your complaints to the media and to prominent figures. I cannot understand that.” He assured her that her complaints would be processed with the same level of respect and seriousness as others, indicating that none would be treated as more important than another.
The focus of the potential complaint is an investigation of FICAC Commissioner Barbara Malimali, concerning alleged misconduct and the improper issuance of a Stop Departure Order. Puleiwai has argued that Malimali’s actions appear intentionally misleading, particularly as no investigation is ongoing against her. She referenced Section 10G(1) of the FICAC Act 2007, which grants her immunity from criminal or civil action based on her conduct. Puleiwai pointed out that the contentious Stop Departure Order remains active in the Immigration System, despite noted procedural inaccuracies.
This incident emphasizes the ongoing challenges within Fiji’s legal and political framework, highlighting the delicate balance between accountability and independence within public offices. It serves as a reminder of the importance of adhering to established protocols while ensuring integrity in the complaint process. Ultimately, addressing such grievances responsibly can contribute to a more transparent and effective legal system in Fiji.
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